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Mortgage Express appoint LPA Recievers Walker Singleton to scare tenants off!


chillinlong
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Hi good boy gone mad,

 

I am sorry to hear about your situation. If you know they are taking so long to let, then maybe approach the lender and LPA and complain why are they causing further arrears and delaying tactics being used etc. Personally I would let the properties again via individual lettings agent and then send the rent onto the Mortgage Express bank accounts, this way you are ensuring less arrears accruing on your accounts, and then meanwhile try and work a solution together ie getting them back off the LPA via a payment plan or via clearing the arrears whichever you can do.

 

Dont get me wrong you do have a lot of options and it is not easy but you have to do what you feel is best for you to prevent further damages to your property and also send them letters stating that you hold them liable for all losses incurred by their actions...

send the rent onto them via your charges for doing there work even if you think your charges are worth the same FEE/SALARY AS MEx DIRECTORS then so be it then hit them a writ for non payment of costs,it can work both ways if they are being mis managed then you must also be allowed to manage the properties but also charge a fee wether it be double the mortgage the problem is now with them to dispute use the same tactics if this is possible...they were not nice to you so why be nice to them, remember evry utterence from their twisted mouths is twisted so far from truth ,,,do not trust them 1"

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi Good boy gone mad,

I agree with Meerkat, if you can give us some background info it will be easier for those of us who are maybe one or two steps further ahead in our fights, to tell you how we handled various situations.

As you've probably already seen, there are quite a few of us at various stages of fighting these 'slime balls'.

Hopefully you will get enough replies that you will be able to then decide the best way forward for you.

If you post up any letters,deeds, docs etc don't forget to remove all personal information, 'slime balls often trawl these sites looking to see if they can find out who we are and what steps we intend to take next.

 

We WILL win against these mindless, faceless bullies, there are too many of us now fighting to give up without one hell of a battle.

 

Best wishes

Mungos mum

 

This thread exists exclusively to assist YOU This thread exists exclusively to assist YOU in preparing A litigation against COMPANY NAMED . As such it is almost certainly protected by litigation privilege.

 

The legal requirements for claiming litigation privilege are well established and are not in dispute. Communications between a solicitor or the client and a third party will be protected by litigation privilege where the communications are for the dominant purpose of obtaining legal advice in connection with, or conducting, litigation reasonably in prospect: Re Highgate Traders Limited [1984] BCLC 151.

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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you can also bank the rentals,in a private account and save the rentals until such time as they comply with your requests,you must state that due to their unsatisfactory replies and no responsive communications for ALL DATA ASKED FOR you have now decided that due to their non compliance with letter s ref xxxxxxx you shall withold all payment due until a satisfactory conclusion has been reached furthermore you shall retain all monies due until you receive all terms and conditions as to the responsibilities of each party concerned and also the names of each director personably responsible for the management of the funds

or words to that effect,,,but i would nt be paying them a penny until you find out who is responsible and who you can personally take to court this will frighten the livin daylights out of the directors for GROSS MIS MANAGEMENT and a lifelong stain on their character who on earth would employ someone who has been charged with GROSS MIS-MANAGEMENT

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi Patrick,

 

That is some genius strategies to use there. You have given me a lot more ammunition to use, I am going to prepare seriously for this angle.

 

They have screwed me over 2 years and now it is time for payback. I will be charging them for all my time wasted. I suppose it is a matter of costs to pile all this together.

 

Have you been through several of these experiences to know all about this Patrick?

 

Thanks again for your help!

 

This can all go with the loss of rents situation etc...

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Hi patrickq1

 

Thank you so much for your thoughts and ideas

 

I echo chillinlongs comments in as much as your thoughts are a completly different way to attack.

 

I suppose from my point of view, I wouldn't have thought to do as you have suggested ie; hold back rent etc, as I would expect the lender to attack back so strongly that they would 'crush' us.

We have plenty of 'fight' in us but very little legal knowledge and cannot afford to instruct decent solicitors/barristers.

 

What would you anticipate the lenders (& LPA receivers) response would be to this line of attack? Up to now they have ignored most of our letters or have replied with letters basically saying 'this is what/why we are pursuing this line of management and there is nothing you can do about it'

 

We know that we are trying to fight a massive company that is now owned by the government.....it does make us feel very small.

 

Many thanks

 

Mungos mum

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Hi all,

I have a meeting with W/S and MX tomorrow morning. Even though I have put forward a proposal for clearing the arrears debt W/S still sold one of my flats for less than thirty thousand even though the value is around seventy five thousand. They exchanged today and complete tomorrow. I phoned my MX manager and he did not know anything about it. I found out by chance because the new owners parked in the drive way. Any advice for this meeting.

Wendy

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Hi Blackpool Lady, first thing I would suggest is to remove your name from your post as you want to keep your anymonity for your own safety.

 

What is your objectives of the meeting? What do you want to achieve? Who suggested the meeting?

 

Are you meeting Steven Molloy? And B & B portfolio manager?

 

Has this been arrnaged as a result of a complaint made?

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The meeting was set up by my portfolio manager at MX. The meeting is with him and Mathew Bower of W/S. I am going hopefully to get them to except my proposal to clear my arrears and to stop them from selling any more of my properties. Also to find out what has been sold as I have had no correspondence from either W/S or MX.

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Blackpool Landlord,

 

I wished you had contacted us earlier, I did try and get hold off you.

 

WS are nothing to do with your payment proposals. WS will be trying to take as much info about your properties as possible so that they can make your money. Mathew Bower is nothing but a prat! A graduate with no property managment experience in his life. you want a meeting with Steven Molloy if he is the appinted reciever not some assistant.

 

You want to make it clear to both of them you hold them liable for all your losses incurred and then if need to that you have taken legal advice. Really if you are meeting with WS then you want to discuss what they have done with your properties individually. Then hopefully they have not done much damage it all depends on your situation, hence the reason why you need to tell us more to help you more.

 

Really you want to discuss with MX elsewhere about your payment proposals, but is your portfolio rentals exceeding the mortgage monthly payments? If so, can this in itself clear the arrears?

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Hi Blackpool Landlord Regard the meeting as your opportunity to closely question WS and MEX. What were their reasons for selling? Where has all the rental income gone that presumably they had been collecting? Have you been receiving regular financial statements? Do not provide any additional information at all. The receiver has a number of legal obligations and my guess is that WS has neglected a large proportion of them. If WS are receivers why is portfolio manager attending - rather acting like mortgagee in possession? Despite all their assurances they want to clear arrears and return properties to you neither party have any intention of doing that. By starting to sell your properties they have made their position clear.

 

Regards

 

Meerkat One

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Hi Blackpool Landlord Regard the meeting as your opportunity to closely question WS and MEX. What were their reasons for selling? Where has all the rental income gone that presumably they had been collecting? Have you been receiving regular financial statements? Do not provide any additional information at all. The receiver has a number of legal obligations and my guess is that WS has neglected a large proportion of them. If WS are receivers why is portfolio manager attending - rather acting like mortgagee in possession? Despite all their assurances they want to clear arrears and return properties to you neither party have any intention of doing that. By starting to sell your properties they have made their position clear.

 

Regards

 

Meerkat One

hits the nail on the head what has happened to the portfoilio income where has it gone and to whome do these mortgages belong to is any other party involved with you over the sales annd receipts of these sales are any bankers claiming in funds from the appointed bailliffs of these properties...

you need answers and only through your local MPs to get these qusetions asked and their is not a lot of time before this bubble bursts....take a croup action for an injunction in the high court untill you get all the data concerning the three mamed companies

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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That is a good point Patrick, funnily enough I went to see the local MP this morning and he said they will raise questions as this sounds concerning the way the taxpayers money is being lost and we are being treated unfairly. When you say take a croup (Is that a spelling mistake) action for an injunction in the high court until you have recieved all the data etc. Is this something that a barrister needs to do?

 

Are you a barrister by any chance :)...

 

Thanks again

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yes spelling mistake ,normal for me,,GROUP ACTION can be taken by several forming an alliance..

New pre-action protocol for mortgage possession claims | The Law Gazette

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi Patrickq1

 

We have written to both our local mp & Alister Darling, as expected Darling did not even acknowledge my letter and mp came back to say that as buy to lets are unregulated there is nothing he can do (although he was kind enough to agree that the situation is appaling!!). We knew these were unregulated mortgages before we signed up for them.

 

At the moment quite a few of our properties are being sold. We have not been able to get any info from lender as to which properties have been sold, when they were sold, how much they were sold for etc etc. The only reason we know some have sold is that we have either been told by people we know, the local council have informed us that 1 of the properties have beeb sold or we've seen sold boards outside the properties.

Having done subject access requests, we have been sent some of our data, basically that concerning the (miss) management of our properties, statements etc, but the things we want to see have not been sent and we are really struggling to get answers.

For example neither lender nor receiver will send us copies of instruction between them, we want to see who (for the lender) was able to act under their power of attorny clause & so be able to instruct receivers, we want copies of the deeds, we are trying to get one of the receivers to show us proof that he has insured a property as this is being sold at a very low price due to water damage, receiver will not claim under their insurance (if they do actually have it insured) prefering to sell it cheaply instead. The list goes on & on.

 

There are a few of us who are all 'in the same boat' gathering & sharing info but at the moment we know we are still missing some of the vital information that we need to piece everything together & then move forward with an attack.

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yes spelling mistake ,normal for me,,GROUP ACTION can be taken by several forming an alliance..

New pre-action protocol for mortgage possession claims | The Law Gazette

Hi Patrickq1

 

Are you refering to section 2.1 of the pre-action protocol?

 

It is interesting that this covers both regulated & un-regulated mortgages but in our cases the lender is not going to court for possession orders, they hand properties to LPA receivers to manage & then eventually sell.

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we are trying to get one of the receivers to show us proof that he has insured a property as this is being sold at a very low price due to water damage, receiver will not claim under their insurance (if they do actually have it insured) prefering to sell it cheaply instead.

 

the receiver is not i am presuming under any orders or terms to deal with you the ex mortgagee..you need to see what instructions the receiver is under and who gave the mandate for the receiver to more or less cause a blight on your mortgage ,

as i have said it can only take a high court writ to stop everything in its tracks...a group may be able to approach the likes of WHICH magazine and ask if they have come up against this problem it may already be that which are looking at this so contact them...you need help and a passage in the law gazzette explains away some of the protections and what you need to defend any case by using the pre action protocals,like 2.1 as mentioned here

Advice to borrowers and lenders

In cases where a borrower has made reasonable attempts to seek settlement and the lender has failed in their obligations, a court can impose sanctions on the lender. Most mortgage deeds or loan agreements enable the lender to add their legal costs to the amount of the loan so the court order must specify what costs are not added to borrowers’ debt. Judges must take a robust approach if borrowers are to receive protection. If such sanctions receive press coverage, it may influence lenders’ actions.

Lenders should prepare a brief chronology of actions taken under the protocol in a witness statement in support of the claim exhibiting copies of correspondence with the borrower. This should overcome any difficulty in most cases. Where reasons have to be given for a decision, the lender should be prepared for the reasons given rejecting a borrower’s proposal to be scrutinised by the court.

The court is required to consider if the protocol has been followed. It is not the court’s role to substitute its views for that of the lender. Legally the lender, in giving reasons for a decision to the borrower, will have complied with the protocol, even if the court might disagree with the lender’s reasons. In reality, if the lender’s reasons show a lack of understanding of the borrower’s position, a district judge will exercise his discretion to the borrower’s advantage.

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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i think it might have been a damm booksale address i just gave apoligise everyone ,, Edited by patrickq1

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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their are cases out there its just finding simmallar.....just be positive

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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http://www.frauddeterrence.com/PDFs/FSFraud.pdf

 

this could also be an auditors problen for all the concerened companies with Mrtg Exp

http://www.consumeractiongroup.co.uk/forum/welcome-consumer-forums/107001-how-do-i-dummies.html

 

 

 

 

Advice & opinions given by patrickq1 are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional

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Hi Patrick,

 

I have got my thinking cap on and am struggling to keep up with the last few articles.

 

I am trying to understand the relevances I can draw from each one. Forgive me if I sound daft thats because I am. The article stating the New pre action protocol for mortgage possessions, two questions 1) This is for residential mortgages, whereas most of us are all BTLers 2) If action was started after Nov 08, then we can use this as a reference?

 

I am trying to get my head the others ie the case in 96 of MX. This is implying that it is MX duty to ensure the securities are valid for them, am I on the right track here?

 

The other article, about the divorced woman, this is a situation that is different and am wondering are you suggesting to use the angle of payments plans and time to get back on track?

 

Thanks again Patrick.

 

Also, when you say a group action to stop them until all info is revealed, how many people does it need to be? In theory can it be one person? Obviously would be better if more people were on board though.

 

Might be a silly question but I have to ask: Do you know of a barrister who is switched on with all these kinds of matters that maybe we can instruct to investigate?

 

Thanks again!

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